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Results: 1-10 of 403

New York State Court denies motion to compel discovery of reinsurance and reserve information

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • July 29 2010

In Mt. McKinley Ins. Co. v. Corning Inc., 2010 NY Slip Op 20235 (N.Y. Sup. Ct. June 14, 2010), an insured (“Corning”) moved to compel discovery of reinsurance and reserve information from its insurers, arguing that this information was relevant, material and necessary to its coverage claim

United States Solicitor General: the convention is not preempted by the McCarran-Ferguson Act

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • September 24 2010

As our readers know, we have been following the developments in Louisiana Safety Association of Timbermen Self Insured Fund v. Certain Underwriters at Lloyd’s, London, et al., No. 09 945, a case under consideration for certiorari by the U.S. Supreme Court that concerns whether Article II of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, as implemented by Chapter 2 of the Federal Arbitration Act (the “FAA”), is an “Act of Congress” subject to the anti preemption provision of the McCarran Ferguson Act, 15 U.S.C. 1011, et seq

District of Columbia DOI issues bulletin on nondiscrimination in spousal coverage

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • December 30 2010

The District of Columbia Department of Insurance, Securities and Banking recently issued Bulletin 10-1B-04 (the "Bulletin") providing insurers with guidance regarding the implementation of the Religious Freedom and Civil Marriage Equality Amendment Act of 2009 (the "Act"), which allows same sex couples to marry in the District of Columbia

California issues proposed emergency regulations to implement life settlement law

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • June 23 2010

On June 11, 2010, the California Insurance Department issued proposed regulations, on an emergency basis, to implement Senate Bill 98 (“SB”), which repealed existing viatical settlement statutes and enacted life settlement statutes

Court rules D&O policy’s Side-A benefits not property of bankrupt estate

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • September 9 2010

A Maryland bankruptcy court has declared that Side A benefits under a D&O policy are not property of the bankrupt estate, with the result that two former executives who have been accused of making illegal payments and diverting funds from their former employer to start a new venture may be able to recoup certain defense costs

Massachusetts Supreme Court affirms dismissal of data breach claims brought against retailer by financial institutions

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • March 3 2010

Recently, the Supreme Judicial Court of Massachusetts upheld two lower court decisions dismissing, on separate motions to dismiss and for summary judgment, a number of claims brought by credit unions against a retailer in connection with a breach of debit and credit card data

Divided Kentucky Court of Appeals relaxes claims made and reported requirements when consecutive policies are issued by the same insurer

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • October 28 2010

A divided Court of Appeals of Kentucky recently held that an insured was continually covered under two back-to-back "claims-made" insurance policies issued by the same insurer even though a claim was made against the insured during one policy period, and not reported to the insurer until fourteen months later, during the second policy period

Massachusetts Supreme Judicial Court defines contours of statute regulating indemnification (but not insurance provisions) in lease agreements

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • May 18 2010

The Massachusetts Supreme Judicial Court recently held that G.L. c. 186 15, which makes void any indemnification agreement or provision whereby a tenant is obligated to indemnify a landlord, in whole or in part, for the landlord’s own negligence, does not apply to insurance provisions in the lease agreement

Federal court finds that the proper venue for a motion to confirm an arbitration award is the district in which the hearing was held, not where the award was signed

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • October 15 2010

NGC Network Asia, LLC (“NGC”) and Pacific Group International, Inc. (“PAC”) were parties to an arbitration held in New York

Connecticut Superior Court held that insurer was not required to provide underinsured motorist coverage for insured’s family member

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • February 5 2010

A Connecticut Superior Court recently awarded summary judgment in favor of an insurer on the basis that an insured’s family member who resides in the insured’s household is not entitled to underinsured motorist benefits if they are similarly not entitled to liability coverage under the family member’s policy